UK Visa Advice - Baby is on the way!

[Duffill01]

Hello guys/girls

 

I'm in a difficult situation and wondered if anyone could help.

 

I'm currently a first year teacher in England and after my wife's recent visit here we discovered she is 6 weeks pregnant. Here is the problem.. 

 

My wife returns to Thailand tomorrow (for work - she is a teacher who works for the government). The plan is to return to Thailand in the summer holidays, ensure we have everything packed and move to the UK on a settlement Visa.  Consequently we are not sure how long this would take, wether we could receive any support in the UK and if it changes the application at all?

 

We wondered if anybody has been in this situation and are open to any sensible advice you could offer. Naturally we are excited by the baby and would love to have the best start possible. 

 

Thank you.

[theoldgit]

Does your wife intend to have your baby in Thailand or the UK, either way the child will be British, providing you are and meet the criteria.

 

When is your wife hoping to settle in the UK, obviously the stage of her pregnancy will be a factor?

 

What sort of support are you expecting in the UK? Your wife will have to pay the NHS Surcharge when she applies to settle, that should cover any medical expenses.

[7by7]

That your wife is pregnant will make absolutely no difference; she will have to apply and be treated the same as any other family settlement applicant and meet the same requirements.

 

Have a look at the relevant to spouse/partner parts of the UKVI guidance Family visas: apply, extend or switch.

 

Note that she will need an English test pass of at least A1 of the CEFR for her initial visa, unless she has an acceptable degree which was taught in English; see page 14 here for the approved test centres in Thailand.

 

She will also need a TB test As she is pregnant she can choose:

• an x-ray with an extra shield to protect her and her unborn child in the 2nd and 3rd trimesters
• a sputum test (phlegm coughed up from her lungs) - there may be an extra fee and she could have to wait up to 8 weeks for the results
• wait until after delivery

You will also have to meet the financial requirement.

 

As theoldgit says, she, or you, will have to pay the immigration health surcharge, which will entitle her to full NHS treatment once she is in the UK, including, of course, ante and post natal care. However, she will not be entitled to most non contribution based public funds until she has Indefinite Leave to Remain, which takes at least 5 years residence to obtain. But, assuming you are British or if not have ILR or the equivalent yourself, you are; so you can claim any benefits to which you are entitled due to having a child.

 

If you are British and the child is born in the UK then s/he will automatically be British. If born in Thailand s/he will only be British if you are British otherwise than by descent; that is born in the UK or a qualifying territory and at least one of your parents is British.

 

If born in Thailand you should get a British passport for the child there, and s/he will not need a visa to come to the UK. 

 

Both Thailand and the UK allow dual nationality, so it's worth getting the child a Thai passport as well.

 

Home office advice is that settlement visa processing times can take up to 6 months, although most are decided within three. So bear that in mind as many airlines will not carry a woman in the advance stage of pregnancy.

[Duffill01]

Thank you so much for all your help. Obviously this is a really complicated situation for myself and my wife and we need to get ourselves sorted asap.

 

To answer a few of your question, I am British and earn over the required amount to be a sponsor for my wife to live here. My salary is on a similar amount which is required for supporting a wife and a baby.

 

My wife has a first class degree which is equivalent to a BA with Honours in England. Part of the course was taught in English so I am confident that she'll pass that aspect of the criteria. 

 

Could you help me with a couple of things? Firstly, I've heard that you can fast track the initial settlement visa and that it could take up to 30 days. Is this right? Also, do you know who I could contact to ask about our situation?

 

My wife has returned to Thailand for her job and has been very poorly. Any help would be much appreciated. 

 

Luke and Bim

 

[7by7]

1 hour ago, Duffill01 said:

My wife has a first class degree which is equivalent to a BA with Honours in England. Part of the course was taught in English so I am confident that she'll pass that aspect of the criteria.

Her degree will exempt her from taking the English test provided it meets the requirements. From Family visas: apply, extend or switch; Knowledge of English

Quote

Academic qualifications

You can prove your knowledge of English if both:

• you have a degree or academic qualification that was taught or researched in English
• your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher

You’ll need to provide a certificate from UK NARIC confirming this when you apply.

 

1 hour ago, Duffill01 said:

 I've heard that you can fast track the initial settlement visa and that it could take up to 30 days. Is this right?

Yes, her application can be fast tracked at an extra, nonrefundable cost of THB26358. See Priority Visa for settlement or migration service.

 

N.B The visa application fee is also nonrefundable should she be refused. But the IHS payment will be refunded if she is refused.

 

1 hour ago, Duffill01 said:

do you know who I could contact to ask about our situation?

Ask what that you haven't already asked here?

 

As previously said, that your wife is pregnant makes absolutely no difference; she will be treated the same as every other spouse/partner settlement applicant and have to meet the same requirements.

[Duffill01]

Thank you for your help, yet again.

 

We are currently considering staying in Thailand for the birth of the baby and moving to the UK in September 2020 for the start of the new English academic year.

 

My wife would feel much more comfortable in her own surroundings and it would allow us more time to complete the visa for her and our newborn child to move to the UK. Could I therefore ask for any advice with regards to the application? After thoroughly researching I am confused about the ILR and settlement visa. I understand it is a two stage process but I am unsure on how/which visa to apply for?

 

Thanks again

 

Luke 

[7by7]

Assuming you are British not by descent then your child will be British wherever s/he is born. If born in Thailand he will not be eligible for a UK visa because he is British! See the pinned topic UK Visa for child entitled to UK Citizenship. Although that topic is mainly about visit visas, the same applies for settlement visas. 

 

If born in Thailand you should get the child a British passport whilst there.

 

If you are British by descent then your child will not be British if born in Thailand so they will need a visa the same as their mother.

 

I have explained the difference between British not by descent and British by descent in an earlier post.

 

8 minutes ago, Duffill01 said:

Could I therefore ask for any advice with regards to the application? After thoroughly researching I am confused about the ILR and settlement visa. I understand it is a two stage process but I am unsure on how/which visa to apply for?

It is a three stage process.

1. Initial visa valid for 33 months. Must enter the UK within 30 days of issue or apply, and pay, to have it extended.
2. Further Leave to Remain after 30 months residence in the UK.
3. Indefinite Leave to Remain 30 months after FLR, 5 years in total since first moving to the UK.

Have you read the links I provided in post 3? Here is the main one again: Family visas: apply, extend or switch

 

Read them all again, and the links contained therein, and then feel free to ask any specific questions on aspects you are still uncertain about.

[Jaggg88]

'she, or you, will have to pay the immigration health surcharge, which will entitle her to full NHS treatment once she is in the UK, including, of course, ante and post natal care.'

 

When my wife came to the UK, 10 years ago, on a marriage /settlement visa she fell pregnant but we had to prove to the hospital Bursa that the baby was conceived in the UK otherwise the NHS would not fund the ante/post natal care. I take it that the Health Surcharge takes that out of the equation now or does that rule still exist? 

[7by7]

16 hours ago, Jaggg88 said:

When my wife came to the UK, 10 years ago, on a marriage /settlement visa she fell pregnant but we had to prove to the hospital Bursa that the baby was conceived in the UK otherwise the NHS would not fund the ante/post natal care. I take it that the Health Surcharge takes that out of the equation now or does that rule still exist?

 

As far as I am aware, that rule never existed for family settlement migrants, e.g. spouses.

 

If she entered the UK with a settlement visa as your wife then she was entitled to full NHS care from the moment she arrived. That has been the case for the near 20 years I have been taking an interest and probably longer. The IHS made no difference to that entitlement.

 

The IHS means that the many family migrants who work once here, all those entering as Tier 2 or other workers and students who also work are paying twice; once through the IHS and again through their tax and NICs!

[Duffill01]

Thank you again for your reply. It's not the best situation and there seems so much to consider.

One option is for me to move to Thailand for the short future and return to the UK in September 2020 for the start of the new academic year in England. 

Currently I meet the financial criteria to bring my wife here but after a year in Thailand this would not be the case. Could I ask if there are alternative means in which to meet the amount? As a qualified teacher I wouldn't struggle once I have a job but my salary would be much smaller whilst away with mother and baby.

Many thanks

Luke

[globalThailand]

57 minutes ago, Duffill01 said:

One option is for me to move to Thailand for the short future and return to the UK in September 2020 for the start of the new academic year in England. 

Currently I meet the financial criteria to bring my wife here but after a year in Thailand this would not be the case. Could I ask if there are alternative means in which to meet the amount? As a qualified teacher I wouldn't struggle once I have a job but my salary would be much smaller whilst away with mother and baby.
 

The only other way to meet the financial requirement is savings based (having more than £62500 or using more than £16k savings as part of the salaried requirements)

 

So without significant savings a move to Thailand for the birth could put you in a position that may be tricky to get out of.

 

Personally, after many years in Thailand, I wanted to head home with my wife but struggled with that particular hurdle-- earning just under the requirement.  After Brexit devalued the pound (every cloud and all that) I was earning quite a bit more and took the opportunity (spent a number of weeks anxiously watching the exchange rate).  

 

The good news is between now and the birth I think you have plenty of time to get things together and apply.  It took me about 3 to 4 weeks to read up on what was needed (with the help of the good people on this forum) and gather the relevant documents.  We submitted and got the visa about 3 or 4 weeks after we applied.  Even if the process is slow you still have what, 13 weeks before she is even midterm... Apply now and you could have the visa before she's even showing! ????

 

[Duffill01]

Hi there

 

Just wanted to say thank you for your help. Obviously, my situation is crazy and what should be the happiest moment is now becoming the most complicated.

 

Could I please ask if you are saying that I can arrange a family visa now for her to arrive in 2020? This makes sense and my baby would have no problem as they will have a British passport anyway. 

 

Currently I'm working at a primary school earning over 23,000. That should be enough to support a baby and a mother here in the UK. Unfortunately, I have nowhere near the £62,500 pounds saving as my teaching career has just started and I needed to study a few years to get there.

 

I suppose the crux of it is that my wife would like our baby to be born in Thailand where she feels comfortable. Then, when ready in a few months, move to the UK to live. Me as a teacher and her studying to become a qualifies teacher here as well as in Thailand. 

 

Today I have asked for a sabbatical in the hope that it would provide suitable evidence in which I could come back and support the family. Unfortunately, that looks unlikely and the only prospect is moving to Thailand in December and returning the Easter after the baby is born. 

 

Thanks again, really means a lot. 

[BritManToo]

On 5/5/2019 at 9:18 AM, theoldgit said:

Does your wife intend to have your baby in Thailand or the UK, either way the child will be British, providing you are and meet the criteria.

But if the kid isn't born in the UK will only be 'British by descent', which limits the kids ability to pass on British nationality.

Always best to have the kid born in the UK and have unrestricted British nationality IMHO.

[BritManToo]

1 hour ago, Duffill01 said:

Currently I'm working at a primary school earning over 23,000. That should be enough to support a baby and a mother here in the UK. Unfortunately, I have nowhere near the £62,500 pounds saving as my teaching career has just started and I needed to study a few years to get there.

No savings required if earning over 18,600 pounds/year.

Get your wife to the UK for the birth or you'll regret it for the rest of your life.

Edited May 8, 2019 by BritManToo

[7by7]

11 hours ago, Duffill01 said:

Currently I meet the financial criteria to bring my wife here

 

9 hours ago, Duffill01 said:

Currently I'm working at a primary school earning over 23,000

 Then why not do it now?

 

You meet the financial requirement and presumably have somewhere to live. If she applies now she should get her visa in time to travel to the UK and have the baby here.

 

Ok, you've explained why you don't want to do that.

9 hours ago, Duffill01 said:

I suppose the crux of it is that my wife would like our baby to be born in Thailand where she feels comfortable. Then, when ready in a few months, move to the UK to live.

Fair enough, and understandable.

 

But there is no reason for you to quit your job in the UK. Keep working here, taking a holiday to be with her for the birth, so that you continue to meet the financial requirement and she can apply soon after the birth.

 

You are making this far more complicated than it actually is. Your situation is not unusual, and many couples who were in your position are now living happily in the UK together with their child(ren).

[KhaoYai]

3 hours ago, 7by7 said:

You are making this far more complicated than it actually is. Your situation is not unusual, and many couples who were in your position are now living happily in the UK together with their child(ren).

Agreed, at the moment you meet the financial requirements but if you go to Thailand in December until Easter, you will then not only have to find a job back in the UK that earns enough to satisfy the earnings requirement for a wife and child, as far as I know, you will also have to work in the UK at that job for 6 months before making the visa application.  So if its being away from your wife and child that worries you, you are actually making things worse for yourself.

 

One thing for you to think about, why not live in Thailand? As a properly qualified teacher you should be suitable to work at the higher paying schools/universities and if there's family around to take care of the child, your wife could return to work too.

 

In the UK, I'd guess your wife will not work and therefore you will be the sole breadwinner.  You have to be prepared for a potentially tough time financially from when you first apply for a UK visa and for 5 years after that until your wife gets ILR.

 

Its a long time since I went through the process and it was much cheaper and shorter then but I've seen people reporting that at current costs, by the time you've paid for all 3 visas, the NHS surcharge, British Citizenship (optional) etc. etc., you'll be looking at £10,000 to £12,000. If you're on one wage, that's not going to be a 'walk in the park'.

 

Obviously I know nothing of your personal circumstances - I'm just suggesting that you consider the ins and outs of where to live before making a decision about a visa application.  Clearly, consideration your child's future education will play a part in that.

Edited May 9, 2019 by KhaoYai

[KhaoYai]

13 hours ago, Duffill01 said:

Obviously, my situation is crazy and what should be the happiest moment is now becoming the most complicated.

I remember making a settlement visa application for my wife almost 18 years ago and it seemed scary and complicated then.  Its more complex now with more hoops to jump through but your situation is not particularly complicated - its just seems so to you.  Take a step back and calm dowm.

[globalThailand]

19 hours ago, BritManToo said:

Get your wife to the UK for the birth or you'll regret it for the rest of your life.

Overly dramatic - though it is true that the decision you make has some significant implications.  As mentioned if your child is born in Thailand he/she will still be British, but it's child may not be.  Plus it's a right PITA getting the UK passport for your kid while in Thailand... I would rather go through the Settlement Visa process!  

 

My son was born in Thailand and, as I posted earlier, I did struggle to get back to the UK when I wanted to because of that financial requirement-- certainly don't regret the time I spent out there but I did feel a little powerless after making a decision to come back but being unable to do it (with my family) for quite some time.  Ultimately the decision is yours to make though - and you have to factor in how your wife feels about it all, but if UK is the long term plan then I'd strongly suggest doing it now while you can.

 

{Side note re. the financial requirement as you mentioned you meet the requirement for your wife and child.  Your child will be British so you will only need to hit £18600-- the prices listed for dependent children are only if the child is not a UK national} 

 

[globalThailand]

21 hours ago, Duffill01 said:

Could I please ask if you are saying that I can arrange a family visa now for her to arrive in 2020? This makes sense and my baby would have no problem as they will have a British passport anyway. 

Ah forgot to say no... that's not an option.  I'd say you have about 2 weeks to convince the Mrs - spend a couple of weeks swatting up on what's needed for the visa (people here are very helpful) and maybe an 8 week wait time.  That's barely half way through the pregnancy so you still have plenty of time to settle and worry about baby things, not visas and financial requirements.  ???? 

[Duffill01]

Hi there

 

Thanks to all your replies. It's made us feel a lot more relaxed about the situation and have actually started looking forward to having a baby.

 

Could I just ask what is the benefit of having the baby in England? Naturally I know it will be classed as a citizen and not British by decent but is that the only difference? 

 

Also, after speaking to the school it may be possible for a sabbatical. This means that I could leave for the pregnancy in January and return in April for the start of the Easter school term in England. With the confirmed job would this impact on the success on meeting the financial requirements in England although the time spent in Thailand would be unpaid? 

 

Lastly, could I ask if it would be possible to get the family settlement visa now for a move in April 2020? If I do it now for my wife she would be able to move when ready and it would be sorted before the birth of our baby.

 

Thanks again for all your help. I'm not sure what I would have done without all this fantastic advice.

 

Ps. As for moving to Thailand. I just think it would be beneficial sorting the citizenship of my wife before the child starts school. Thailand is a lovely place but the education, safety aspect concerns me. 

[GinBoy2]

34 minutes ago, Duffill01 said:

 

Ps. As for moving to Thailand. I just think it would be beneficial sorting the citizenship of my wife before the child starts school. Thailand is a lovely place but the education, safety aspect concerns me. 

I'm not a Brit, but having had a son who went through elementary school in Singapore, then subjected him to the horrors of a Thai High School before he went to college in the US.

The best gift you are ever going to give that baby is a Western education!

[globalThailand]

9 hours ago, Duffill01 said:

Could I just ask what is the benefit of having the baby in England? Naturally I know it will be classed as a citizen and not British by decent but is that the only difference? 

 

Zero cost for the birth would be one.  Despite the fact the NHS is crumbling, you have the security of receiving 'first world' medicine without needing to pay.

 

9 hours ago, Duffill01 said:

Lastly, could I ask if it would be possible to get the family settlement visa now for a move in April 2020?

As I said before... no... this is not possible.  I believe once a spouse visa is issued you have a limited time to then get to the UK.  I don't recall what that is but unless I am mistaken it is a lot less than the 6 months you'd have to begin using a tourist visa

[globalThailand]

Apologies I can't seem to edit previous post.  My wife jogged my memory here... after a spouse visa has been issued you get a 30 day travel vignette in her passport.  Which is used to travel to the UK where she will have 10 days to pick up the BRP (Bio-metric Residency Permit) 

 

So to reiterate - no, you won't be able to get a visa now for 2020.

 

 

[brewsterbudgen]

But if the kid isn't born in the UK will only be 'British by descent', which limits the kids ability to pass on British nationality.
Always best to have the kid born in the UK and have unrestricted British nationality IMHO.

True. Although if the child born in Thailand then moves to the UK permanently and has their children there, they will be British.

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